Commission considers Greek processing of asylum applications to be contrary to European law
Greece rejects asylum applications on the grounds that Turkey is a „safe third country“, but Turkey does not allow them to enter. From a question of mine it now emerges that the EU Commission classifies this procedure as contrary to European law. Although Turkey has not accepted readmissions since March 2020, Greece rejects the applications of Syrian, Afghan, Somali, Pakistani and Bangladeshi nationals on the basis that Turkey constitutes a "safe third country" for these same nationals. At the same time, however, in its response to Written Question P-000604/2021, the Commission reiterated that "Article 38(4) of the Asylum Procedures Directive states […]: 'Where the third country does not allow the applicant to enter its territory, Member States shall ensure that access to an [asylum] procedure is granted.' In line with this provision, applicants whose application has been declared inadmissible may therefore reapply." The Commission also informs in its reply to me that they have already explained to the Greek government „that the unconditional charging of a fee of 100EUR for subsequent applications is problematic in terms of effective access to the asylum procedure.“
The whole question with answers in several languages can also be found at here.
My request
Although Turkey has not accepted readmissions since March 2020, Greece rejects the applications of Syrian, Afghan, Somali, Pakistani and Bangladeshi nationals on the basis that Turkey constitutes a "safe third country" for these same nationals. At the same time, however, in its response to Written Question P-000604/2021, the Commission reiterated that "Article 38(4) of the Asylum Procedures Directive states […]: 'Where the third country does not allow the applicant to enter its territory, Member States shall ensure that access to an [asylum] procedure is granted.' In line with this provision, applicants whose applications have been declared inadmissible may therefore reapply."
1.How many subsequent applications were filed by persons whose initial asylum application was rejected on the basis that Turkey was a safe third country for them?
2. in how many of these cases did Greece apply Article 38(4) of the Asylum Procedures Directive? Is Article 23 of Greek Law 4825/2021, according to which a fee of EUR 100 is incurred for the submission of a second application, compatible with Article 38(4) of the Asylum Procedures Directive?
3.is it compatible with Article 38(4) of the Asylum Procedures Directive to reject such subsequent applications as inadmissible on the ground that the applicant has not invoked any new elements relating to Turkey as a safe third country?
Answer given by Ylva Johansson on behalf of the European Commission on 25.1.2022
1. the Commission services forwarded the Honourable Member's question for reply to the national authorities, who will send him the answer as soon as possible.
According to Article38(4) of the Asylum Procedures Directive, "Member States shall ensure that access to a procedure is granted in accordance with the principles and guarantees set out in Chapter II". Although Chapter II of the Asylum Procedures Directive does not address the issue of fees, the Commission has drawn the attention of the Greek authorities to the fact that the unconditional charging of a fee of 100EUR for subsequent applications is problematic in terms of effective access to the asylum procedure.
3. a precondition for the application of Article38(4) of the Asylum Procedures Directive is that the third country does not allow the applicant to enter its territory. If this condition is met, Member States must ensure that access to a procedure on the merits is granted. They may therefore not reject the subsequent application as inadmissible on the basis of the safe third country concept.